Privacy Policy

Privacy Policy FootSizer LLC (“Company,” “we,” or “us”) provides access to information through our mobile application and a website accessible at the URL http://www.FootSizer.shoes collectively referred to as (the “App”) and we may provide the ability to use certain functionalities of the App or provide services of various kinds (the “Services”). This privacy policy describes our information collection and use practices in connection with our App and Service, as well as circumstances under which we disclose information collected from you.

Our commitment to you is that we will not use or disclose information collected from you other than as described in this policy. In order to access and use the App and Services, you must agree to our Online Terms of Service (the “Terms of Service”) posted on the App and website. Persons and organizations with permission to use the Service are considered “Registered Users.” You may view portions of the App even if you are not a Registered User of the Service.

This privacy policy applies to Company’s collection, use and disclosure of Personal Information (defined below) from Registered Users of the App, as well as from persons who merely visit the App. Company has adopted and implemented this privacy policy as part of our commitment to protecting your personal information from misuse. By submitting Personal Information through our App or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

Your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. What Information Do We Collect? “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

“Non-Personal Information” means data that is not associated with or linked to your Personal Information; Non-Personal Information does not, by itself, permit the identification of individual persons. We collect Personal Information and Non-Personal Information, as described below. Company collects Personal Information as required to offer Services, as listed in the Terms of Service, as voluntarily provided by you in the course of correspondence or registration, and as otherwise identified below.

In addition, we collect certain information that cannot be used to personally identify any user, such as anonymous, aggregate or statistical data. In order to use some Services, you may be required to complete the applicable registration form accessible on the App. All persons who register are referred to as “Registered Users.” Some Services may not require registration. Company collects and maintains a record of all data provided through such registration forms, e.g. your name, e-mail, mailing addresses, and password and information about your child, e.g., your child’s name, birthday, and gender.

Individual users who desire to order a Product (as defined in the Terms of Service) must provide certain contact information, shipping information, billing information, and financial information (e.g., a credit card number and expiration date). This information is not collected by us, but only collected by the retailer or their third party payment processing service providers. For some Services, each Registered User may be provided a unique username and password that enable access to the Service. We may track the use of those usernames and passwords in order to collect and maintain records of individual transactions conducted through the Services by Registered Users, and those records may be associated with each Registered User’s individual account profile within the Company system.

We also collect other types of Personal Information that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support. We also collect and maintain records of information that you voluntarily provide to us. For example, we may ask you to participate in a survey, and may ask you to provide Personal Information, such as age, gender or other demographic data. If you enter into a contest or promotion on our App, we will collect the information you provide to participate in the contest or promotion.

If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you post messages on the message boards of our App, the information contained in your posting will be stored on our servers and other users will be able to see it. However, unless such information is necessary for the Service or required by the Terms of Service, we do not require you to provide such information to us.

We collect additional information through the App and the Service that is not associated with any online account or registration information, and that cannot be used to personally identify you. Non-Personal Information ordinarily includes aggregate, summary, or other anonymous data, and may include, by way of example, statistics regarding popularity of particular pages within the App, or information regarding types of Internet browsers used by Registered Users.

“Cookies” are small files placed on a user’s computer by a Web Site in order to facilitate use of that Web Site. For example, a cookie may contain information about a user’s preferences, so that the Web Site automatically complies with those preferences whenever the user visits that Web Site. When using the Service, we may create “cookies” on your computer for purposes of facilitating and maintaining your current user session, and may collect Personal Information using those cookies in order to enable Company to identify you in connection with the Service and to track use of the Service for purposes consistent with this policy.

To make our App and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

Use and Disclosure of Collected Information Company uses information collected from the App and Service in several ways, as outlined in this policy. For example, we use Personal Information as needed to provide App and Services, to create Accounts, and to communicate with Registered Users. We also use both Personal Information and Non-Personal Information when evaluating ways to improve the App and the Service. As further described below, in limited circumstances we may disclose collected information, including Personal Information, to certain third parties in connection with providing Services or as required by law.

We will not use or disclose collected information in ways different from what is described in this policy unless otherwise required by law. We also use information collected through the App and the Service to communicate with Registered Users from whom such information was collected in order to provide promotional materials about us. However, unlike communications which are necessary to provide Services (“Necessary Communications”), promotional communications are optional (“Optional Communications”), and Company will refrain from sending that kind of information to you if you inform us that you prefer not to receive them, as described in more detail below.

Company uses Non-Personal Information in a variety of ways, including, by way of example, to evaluate the performance of the App and Service and the general preferences of users, or to generate anonymous statistics for our benefit or for our business partners. Because Non-Personal Information is entirely anonymous, and therefore can never be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Information.

We may create Non-Personal Information records from Personal Information by excluding information (such as your name) that make the data personally identifiable to you. If we collect information through the App and/or the Service that you provide to us voluntarily through online forms or surveys, through e-mail communications or by other means, we will treat that information as described above, as applied to both Personal Information and Non-Personal Information.

As a necessary part of providing Services, we may disclose information collected from you as described in this policy. For example, we may disclose certain Personal Information about you to our third-party service providers (e.g., our third party retailers), so long as they are only using the Personal Information to provide services to us. If another company acquires our company, business, or our assets, that company will possess the Personal Information collected by it and us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Under certain limited circumstances, we may cooperate with legal investigations and/or we may be subject to legal requirements to disclose information collected through the App or Services, such as, by way of example, to a court or a governmental agency, and our policy is to provide such cooperation and comply fully with all such legal requirements.

We may also disclose Personal Information to protect or defend the rights or property of Company or users of the Services and/or to investigate any violation or potential violation of the law, this Privacy Policy, or Terms of Service. The disclosures contemplated by this paragraph (“Necessary Disclosures”) are necessary if you wish to use the Service. As mentioned above, Company may use and disclose Non-Personal Information without restriction. If you do not want us to make such Necessary Disclosures, or to use Non-Personal Information without restriction, you must not use the Service.

We may use third-party advertising companies to serve ads when you visit our App. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, go to www.networkadvertising.org/managing/opt_out.asp. If you enter and win a contest or other promotion, you expressly consent to (a) Company providing your Personal Information to the third party providing the prize for the contest or other promotion, solely to provide you such prize and (b) Company publicly disclosing your name, city, state, and the fact that you won the contest or promotion.

If we will be disclosing additional Personal Information in connection with a contest or other promotion, we will disclose that to you in a separate notice prior to your entering the contest or other promotion. By entering such contest or other promotion, you expressly consent to such disclosures. Choice, Opting-In and Opting-Out Regarding Optional Communications Because we respect your privacy, we may from time to time provide certain opportunities for you to indicate your preferences regarding how we use and/or disclose information collected about you from the App and the Service.

If you are a Registered User, by indicating your preferences in the online profile your create, which includes your registration information and other information voluntarily provided by you (your “Registration Profile”), you will be able to inform us whether you wish to receive certain Optional Communications from us. We do not maintain responsibility for the manner in which third parties use or further disclose Personal Information collected from you through the App or Services, after we have disclosed that information to those third parties. However, we do require our third-party service providers to promise not to use such information except as necessary to provide the relevant services to us.

If you do not want Company to use or disclose Personal Information collected about you in the manners identified in this policy as Necessary Communications and/or Necessary Disclosures, you may not use the App or any Service. The App contains links to other Web Sites. Please be aware that we are not responsible for the privacy practices or the content of such other Web Sites. We encourage our users to read the privacy statements of each and every Web Site they visit.

This privacy statement applies solely to information collected by us through the App. Access to Personal Information Collected From You Registered Users may access their Registration Profiles at any time to update Personal Information contained within that Registration Profile. Subsequent uses or disclosures of information by us will reflect those changes, but we have no ability to update any information previously disclosed to any third party.

You may request deletion of your Personal Information by signing into the “My Account” section of our App. Please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you access your personal information, we offer the use of a secure server. All sensitive information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

Furthermore, access to Personal Information is physically restricted within our own offices, so that only certain of our employees are granted access to information as appropriate to perform specific jobs and tasks (e.g., performing customer service). Please be aware that, although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information or Non-Personal Information arising in connection with the theft thereof. Likewise, Registered Users are responsible for safeguarding the confidentiality of passwords to any Services, and we bear no liability for access to, or use or disclosure of, Personal Information, if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of a password.

If you have any questions about our security measures, please contact us. Changes to This Policy If we change our privacy policy, we will post those changes on the App so that users are always aware of what information we collect, how we use it, and under what circumstances, if any, we will disclose it. We reserve the right to modify this privacy policy at any time, so please review it before disclosing personal information on our App. If we make changes that materially affect our uses or disclosures of personally identifiable information that we have previously collected from you, we will provide a mechanism for you to opt out of the new use or disclosure.

Questions and Feedback We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue. Online Policy Only This online privacy policy applies only to information collected through our App and not to information collected offline. Your Consent By using our App, you consent to our privacy policy.

FootSizer

FootSizer is a free mobile app to size kids’ feet, share photos of the cutest little feet, and shop from online retailers where the shoes your child wants are in stock in the correct size.